A landmark judgment paves the way for construction companies and confirms that contractors may claim payments exceeding the fixed remuneration for works performed by a different method also in “design and build” contracts.

In the judgment of 6 February 2019 the Court of Appeal in Warsaw dismissed the appeal against the judgment of the Regional Court in which the court awarded compensation to Exorigo-Upos sp. z o.o. – an IT company represented by JARA DRAPAŁA & PARTNERS – for so called stock exchange damage.

JARA DRAPAŁA & PARTNERS advised Carservis S.A. – automotive company and one of the largest dealer groups in Poland

The National Appeals Chamber allowed the appeal lodged by the consortium of CNIM S.A., PORR S.A. and CNIM Poznań S.A. against contracting party’s decision regarding the selection of a contractor of the design and development of a waste incineration plant.

With a judgement of 6 November 2017 the Court of Appeal in Warsaw adjudged a seven-digit amount to PORR – contractor of road and bridge construction works, represented by JARA DRAPAŁA & PARTNERS (JD&P), from the State Treasury – General Directorate for National Roads and Highways (GDDKiA). The said amount was awarded on account of increase of the remuneration due to unforeseeable increase in asphalt prices in the years 2009–2012 (before EURO 2012) and compensation of the related loss under the performed contract.

The outcome of the several years’ proceedings was the success of JD&P law firm. This is the first final judgement in Poland where the contractor proved that a change in asphalt prices in the years 2009–2012 constituted extraordinary and unforeseeable change of circumstances according to Article 357¹ of the Polish Civil Code, as well as that the loss suffered by the contractor fulfilled the premise of “glaring loss”.

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Jara Drapala & Partners Obtains Significant Monetary Judgment for PORR in Claim Against General Directorate for National Roads and Highways

JARA DRAPAŁA & PARTNERS obtained a judgement awarding over PLN 11 million against GDDKiA for performance of works exceeding the contract scope

JARA DRAPAŁA & PARTNERS’ representation resulted in dismissal of an action for reimbursement of remuneration for use of real estate in order to obtain a building permit. The action was brought by a real‑estate developer against a leading car dealer represented by lawyers of JARA DRAPAŁA & PARTNERS.

The litigation was conducted before the Regional Court in Warsaw. Thanks to the efforts of the lawyers of JARA DRAPAŁA & PARTNERS representing the defendant, the action was dismissed in full. Lawyers involved in the proceedings: Zbigniew Jara (Partner), Andrzej Sokołowski (Partner), Michał Urbański (Senior Associate) and Piotr Stenko (Associate).

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Jara Drapała & Partners z sukcesem w procesie o zapłatę

PORR S.A. and Płock City Council made an agreement on construction of a section of the north-west bypass of Płock. It would not be possible if PORR S.A. had not won the dispute before the National Appeals Chamber initiated by its competitor – Strabag Sp. z o.o. In the proceedings before the National Appeals Chamber, PORR S.A. was assisted by Prof Przemysław Drapała (Partner) and Wojciech Merkwa (Senior Associate) of JARA DRAPAŁA & PARTNERS.

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Jara Drapała & Partners w przetargu na budowę obwodnicy Płocka

JARA DRAPAŁA & PARTNERS obtained a precedent judgment for one of the IT companies before a regional court.

On 16 May 2017 the Regional Court in Warsaw adjudged compensation of stock exchange damage (PLN 2.3 million plus interest) suffered by one of the IT companies, represented by JARA DRAPAŁA & PARTNERS law firm. The case can be considered precedent, because it involves so far unsolved issues of calculating the time-varying damage (change in stock prices), evaluation of the cause-and-effect in stock exchange transactions, and also evaluation of shareholder’s business decisions (when to sell shares) in the context of calculating the amount of the damage suffered. The judgment is not final. The company that obtained the compensation was represented by Prof Przemysław Drapała (Partner), Marcin Chomiuk (partner) and Mateusz Jaworski (Associate).

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Jara Drapała & Partners uzyskała wyrok zasądzający naprawienie szkody giełdowej

At the beginning of 2017 five new lawyers joined the firm’s team. Magdalena Zasiewska (Head of Taxes) joined the Tax Team, the Litigation and Arbitration Team, headed by Prof Przemysław Drapała, has three new lawyers on board: Piotr Duma (Associate), Artur Krępa (Junior Associate) and Iwo Franaszczyk (Junior Associate), whereas the Corporate Team, headed by Zbigniew Jara (Managing Partner), will be from now on supported by Aleksandra Cichecka (Junior Associate).

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Zasiewska Joins Jara Drapala & Partners as Head of Tax

Lawyers of JARA DRAPAŁA & PARTNERS – Prof Przemysław Drapała (Partner) and Wojciech Merkwa (Senior Associate) – successfully represented the contractor – consortium of Mosty Łódź S.A. and SKB Development Sp. z o.o. – in the appeal proceedings before the National Appeals Chamber conducted in relation to the tender for designing and constructing a high-profile investment – Orientarium in ZOO in Łódź. The outcome of the several-week-long multi-layered dispute was the dismissal of the appeal lodged by Przedsiębiorstwo Budowlane Inter-System S.A. represented by Jerzy Pieróg.

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Jara Drapała & Partners w przetargu na Orientarium w łódzkim ZOO

JARA DRAPAŁA & PARTNERS has represented Alpine Bau Deutschland AG (in insolvency) during court proceedings, which have led last week to a settlement regarding the construction of the National Stadium in Warsaw. As a result of the settlement the contractors, the State Treasury, NCSR and the insurance company Zurich Insurance have withdrawn their mutual claims and therefore ended the dispute. The settlement encompassed i.a. the court proceedings led by the JD&P law office brought by Alpine Bau Deutschland AG against the State Treasury for payment of damage in the amount of PLN 139 m. According to the announcement of the Ministry of Sport and Tourism, the signed settlement has eliminated the risk for the State Treasury of losing the court proceedings, which could have ended in damage payments with a total amount of up to PLN 500 m. The Regional Court in Warsaw before which the proceedings mentioned above were conducted has described them as “one of the largest civil cases in the country” (evidence involved more than 400 file volumes).

The litigation attorneys of Alpine Bau Deutschland AG (in insolvency) were Prof Przemysław Drapała (Partner), Andrzej Sokołowski (Partner), as well as the JD&P Litigation Team.

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Jara Drapala & Partners Negotiates Settlement in Dispute Involving Poland’s National Stadium

JARA DRAPAŁA & PARTNERS provided legal advice to Eiffage – the general contractor of the shopping gallery Posnania in Poznań – on one of the largest trade investments in Central Europe in 2016. The opening of the shopping gallery took place on 19 October 2016. The value of the construction investment amounts to approx. EUR 140 m. The total value of the project amounts to approx. EUR 300 m.

The JD&P team led by Marcin Chomiuk (Partner) had been advising the contractor on this project since July 2014, i.e. since the beginning of the construction works. The legal advisory services included in particular contract and strategic consulting during contacts with the trading partners and the principal investor. Additional legal counselling support was provided by Maciej Chrzan (Partner), Ewa Mońdziel (Associate) and Michał Urbański (Senior Associate).

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Jara Drapała & Partners w budowie megacentrum handlowego w Poznaniu

We advised Eiffage Immobilier Polska on establishing a company Quadrat Postępu with real-estate developer Avestus Real Estate, assisted by a legal firm of legal counsel Andrzej Lulka from Warsaw. Eiffage Immobilier Polska was represented by Maciej Chrzan (Partner), Michał Urbański (Senior Associate) and Dorota Dąbrowska (tax advisor).

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Jara Drapała & Partners i kancelaria Andrzeja Lulki w biurowym projekcie